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HomeMy WebLinkAbout10-07-1986 Council Minutes 83 A regular meeting of the Canton City Council was held on October 7th in Council Chambers. PLEDGE OF ALLEGIANCE OPENED THE MEETING FOLLOWED BY THE INVOCATION GIVEN BY CITY CLERK NANCY WHITES. ' Mayor Edwards asked for roll call at 6:30 p.m. Present: Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May, Chapman. Absent: Alderman Workman. MINUTES OF SEPTEMBER 8TH SPECIAL MEETING. Motion by Alderman May, second by Alderman Chapman, the minutes of September 8th be accepted and placed on file. Voice vote, motion carried. MINUTES OF SEPTEMBER 16TH MEETING. Motion by Alderman Zilly, second by Alderman Kovachevich, the minutes of September 16th be accepted and placed on file. Voice vote, motion carried. O COMMUNICATIONS FROM DAVID LEEZER - COMMUNITY DEVELOPMENT ~ DIRECTOR - BUDGET ADMINISTRATOR. Kelly Duchardt, representing ~ the Business/Community Development Committee of the Chamber = of Commerce, presented a list of seven local business sites m which were either fire damaged or deteriorating. Those Q listed as priority sites were Jimmy's Golden Cup on the east side of the square; Edward's clothing store at the northwest corner of the square; Bar-V Enteprises at 65 S. Main; Jupiter building across from Edward's; Ken's Auto Repair• at Main and Locust Streets; Denney Dry Cleaners at 41 W. Locust Street; and the Capitol Theater on the east side of the square. Jimmy's Golden Cup, Edward's, and Bar-V Enterprise, each of these buildings have had fires and are in need of the city council and the chamber taking some kind of action, , as two of them probably won't be restored until we take some action. Motion by Alderman Sarff, second by Alderman Steck to refer this matter to the Legal & Ordinance Committee for any action. Discussion. Mayor Edwards thanked the chamber for "taking a bold step" in presenting the list. One of the things it really points out is a need for "Home Rule." Problems can be handled at home instead of thru the legislatures. Voice vote, motion carried. Several city officials, Wellman officials, as well as bank officials, met with IPRI; were hoping for a successful conclusion to this venture. Submitted a request for funding from the Department of Energy & Natural Resources for $25,000 for IPRI. This is a new venture set up by the State of Illinois for Marked Development for items of recycled products. For innovative ways of recycling instead of placing in landfills and waste incineration. We should hear on the funding from an official of the Department of Energy & Natural Resources by October 21st. Have asked Dennis Tompkins for an appraisal of 100 acres of land for the location of the prison, his cost is $600. Also need a review appraisal by an MAI appraiser. Harold Turley 84 CONTINUED October 7, 1986 of Peoria, MAI certified has a cost of $300 to $400 for the site. Motion by Aiderman Sarff, second by Alderman May, to accept the quotes from Tompkins Appraisal Services and Harold D. Turley SREA, MAI for the 100 acres of the proposed prison , site. Discussion. Alderman Sarff, asked if the bids were in line with normal charges? Dave Leezer said he had checked with several cities and agreed their fee was an acceptable price. Roll call. AYES - Aldermen Chapman, May, Bohler, Sarff, Steck, Zilly, Kovachevich. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Alderman May asked that the residents on E. Elm and llth Avenue be allowed to speak about their water problems. Chauncey Geer of 1111 E. Elm Street said he has lived at this address for 25 years and when we have heavy rains the sewer backs up. It took thirty three hours before the water went down after it quite raining. I feel something is drastically wrong. Kenneth Ashton of 1134 E. Elm Street said he had lived at the present address forty eight years, never had water till this time. Had about 6 inches of water in the basement. Marion Dworak owner of the house located at llth Avenue and Walnut, said he's had sewer water running in the garden, which is over 100 feet away. I feel like it's a construction problem. His renter lost a washer and dryer. Ora Bollinger of 40 North llth said water was backed up 6-8 inches high. When the road was put in is when I started getting water in the basement. Had to use a sump pump. Gary Howard of 1132 E. Elm Street said before he purchased the house in 1978, and after 11 inches of rain he looked in the basement window, there was no water in the basement, not even a plug in the sewer. The road came in, then we had water problems. Even had green leaves coming in. Panelling gone, fireplace is useless and carpet is ruined. Cliff Sagaser City Engineer said on friday of that week the city was diluged with calls, as ~,~fe are with alot of rain. Contacted the sewer dept. to see if there were plugged sewers. We did find a manhole that should be draining sewage thru it, which is north of the railroad tracks on llth Avenue. This manhole had absolutely no sewage flowing thru it. The sewage backing up thru the residents basements should have been going thru this manhole. We knew immediately there had been a plug of some type in the particular line the contractor had installed by passing the new system he had installed. He had put in a 6 inch perforated corruqated flexible piece of pipe as a temporary measure to carry the sewage from this area to the railroad track manhole, and from there the sewage would flow westerly thru the old sewer. It was his intentions to remove this when the lift station, which is to be built on George Bolling's property. Then we would abandon this section of pipe and run all the sewage thru the new system. We called the contractor and worked with 2 city employees over- 85 CONTINUED October 7, 1986 time and pumped sewage. The contractor placed a 6 inch pump and placed in the manhole, immediately the elevation started dropping. The contractor began digging in the area of llth Avenue and found the corrugated flexible tubing had partially , collapsed. At the end of the day the contractor had installed a new temporary pipe, an 8 inch plastic pipe, connecting the farthest part of the old sewer system with the new sewer system and now sewage is running in the new system. No leaves should be in a sanitary sewer. About a year ago there was a couple of bricks out of a manhole at Elm and llth Avenue, which had fallen out due to pressure. I have talked to the field representative today and will be recommending to the council to meet with the contractor to ask him to reimburse the city for the overtime we had to pay. What plugged the sewer? I don't know. ~ Kenneth Ashton asked who does he go to for insurance, since ~ his insurance won't pay? ~ = Jim Malmgren City Attorney felt it was obvious to file claims m against the contractor and if you want to, against the city's a insurance. Alderman Sarff asked Cliff Sagaser to explain the raw sewage on the property at llth Avenue? Cliff said he couldn't explain the raw sewage. Alderman Steck asked if anything was found in the North end of town to cause their water problems? Cliff Sagaser said he couldn't say anything was at fault. Kelly Duchardt Insurance Agent said he visited two basements in the north end, none of them had sewage in them, but they did have terrific water pressure that broke stools. Cliff Sagaser said the water being clean means it could be sepage water from footage drains, or rain water from down spouts. Gary Barnhart represents Arnold and Fran Faulkner of 48 Aspen Drive. Gary reported that a ditch now drains the upper portion of Section 1 Village Square. This ditch is called an outlot, and may belong to the Village Square Homeowners Association. ~ It appears it's and easement area for drainage water the City of Canton has by virtue of a plot, because there is a large pipe that comes down and drains surface water and stops at the top of the ditch and the ditch runs between the Faulkner's and Ron Provart's house. Mr. & Mrs. Faulkner have a problem where the ditch has eroded itself back to a point where the side supports for the foundation of their house is 6 feet away. The problem is not on their land. We have a collective problem we want to address and we need council's help in doing so. Estimates are $800 to install 120 feet of additional corrugated plastic pipe to the bottom of the hill and cover the pipe barely. And also, be as expensive as approximately $2,400 to install the same plastic pipe and fill the ditch back up to some similace of grade, where it was. And then the Homeowner's Association and the Faulkner's could undertake to maintain that property after ~ 8 f~ ~ CONTINUED October 7, 1986 the pipe is installed by usinq from the city manual labor, and some of the stone that's coming out of the sidewalk project to help further erosion in that area. Jim Malmgren City Attorney said there is no question there's a problem here and the house is in jeopardy. I recommend you work togather out there. We have problems with the whole , , subdivision. Cliff Sagaser said the lot officially on the plat is not an outlot. Alderman Chapman asked if we have any recourse with the developer? Jim Malmgren City Attorney said he has not had time to look at the records. He said he was assuming the pipe and the sewer to which it connects was dedicated to the city when the subdivision plat was accepted. If that's the case the sewer ; and that pipe belong to the city. Assuming over the top of that pipe and when the plat was accepted there was an easement granted to the city? Mayor Edwards wants the council to empower the city engineer to oversee the project to make sure the work is done right. Jim Malmgren City Attorney said he feels strongly that the city's not at fault as we didn't put it in that way, but we did accept it. Motion by Alderman Steck, second by Alderman Zilly, the Village Square Homeowners Association and Mr. & Mrs. Arnold Faulkner, pay the monies necessary to install the pipe, no funding would be provided by the city. The pipe would be installed by a private contractor and placement overseen by the city engineer. And the private contractor would be required to provide just enough cover for the pipe, so that the pipe is covered but not so much that it is able to be driven on by city vehicles or maintenance equipment. The city would then provide as soon as possible, a minimum of 2 feet of dirt cover and the city would also provide cement riffraff to be deposited to form a basin so the water can drain, and hold the pipe in place. In the spring of 1987 the city would seed the area, the title holder, who we believe to be Village Square Homeowners Association, would grant the city permanent easement for a drainage area and for continued maintenance for the north end of lots 21 and 22 of Village Square Section 1. Discussion. City Attorney Jim Malmgren said when that easement is given to the city, there would be a dedication of all the pipe, the old and the new, so it would be the property of the city. Attorney Gary Barnhart said they would go the whole 120 feet. Roll call. AYES - Aldermen Chapman, May, Bohler, Sarff, Steck, Zilly, Kovachevich. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. COMMUNICATIONS FROM CLIFF SAGASER - CITY ENGINEER. Received two letters from the Illinois EPA. The first letter was in regards to the state bid review of our grant, which makes the statement we have been given the 65~ funding on state money. The other letter is the federal bid review, it says in essence that were getting about $200,000 less than we expected. Both ' of these letters would indicate we would be getting $674,000 extra which gets us to the 65~ funding. 8~ CONTINUED October 7, 1986 There is a preconstruction conference the 14th of October. Will be meeting with Heinz Construction Company and Crawford, Murphy & Tilly our consulting engineer. Hillyer Construction has cored out several streets, primed most of them for the sewer project. We have several alleys we want to regrade yet this fall if the weather permits. Daily & Associates representative Jim Smoody said it was his responsibility to be the enqineer and produce the report for the improvements in the dam. It will be the final product, the chief engineer will be reviewing the report and the design work we do. You may not be aware of the way Supt. Ray McKinney handles the sludge. We recommend the toe of the dam be cleared of the pond water. Will be removing part of the sludge, which O has caused Ray to change his process. ~ We're now evaluating how to get the most out of the money, and ~ what's the best way to spend the money. = Will be forwarding a Memorandum of Agreement covering our services ~ for the design phase of the project. Cliff Sagaser had orginally Q intended to do the design work and has asked us to assume some of this work. As far as the time table, the report should be finished within the next week or two, depending on the Division of Water Resources to make a decision. The plans will be done in at least two phases, the first phase is the grouting of the tunnel walls and to provide blocking up the tunnel. Which will require a grouting contractor. This will be the first contract let, the second contract will involve improvements to the Water Intake structure. Alderman Sarff asked if all the work would fit into the budget? Jim Smoody reported were going to make it fit. Will supply enough options in the bid that will be able to choose, and again get the most for our money. Otis Michaels of Daily & Associates stated that authorization had been given for some additional shore borings to be done. Otis explained that the shore borings were made on the down stream face of the dam. He highlighted the findings...picked up water in the body of the dam, in one particular place where the ground penetrating radar had indicated some fractures, the pattern indicated fractures. Also, consistent with the theory that we had developed earlier, possible rearrangement of stress in the dam. We did have water coming in the zone and have a sample of that, where the water was, there was also weakened soil. The advantage of removing those sludge ponds is for monitoring this program. Council concurred for Daily & Associates to proceed on the design phase and for an agreement to be sent to the city in writing. COMMITTEE REPORTS: Street & Garbage. Council Action Motion by Alderman Bohler, second by Alderman May, to accept the salt quotes from Cargill of upto 300 ton for a cost of $22.50 a ton. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May, Chapman. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. 88 CONTINUED October 7, 1986 Public Safety & Traffic. Council Action Motion by Alderman Steck, second by Alderman Bohler, to approve the agreement for the expenditure of $427.50 for the police testing. Roll call. AYES - Aldermen Chapman, May, Bohler, Sarff, Steck, Zilly, Kovachevich. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Lake, Building & Grounds. Council Action None. Public Works, Water & Sewer. Council Action Motion by Alderman May, second by Alderman Chapman, to hire a full-time employee as a laborer in the system maintenance department. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May, Chapman. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. COMMUNICATIONS FROM MAYOR EDWARDS. The liquor license for Nick Standard has been cancelled because Mr. Standard has failed to make the necessary financial arrangements to obtain this business. Gale Derenzy has resigned from the Zoning Board of Appeals. Motion by Alderman Sarff, second by Alderman Chapman, to approve the appointment of Kristal Sprague to the Zoning Board of Appeals as the replacement for Gale Derenzy. Discussion. Mayor Edwards said he had checked with the city attorney about her being the secretary and a voting member. Voice vote, motion carried. Alderman Workman had given a furnace to firehouse #2 previously, since the fire house has been closed we should return the furnace to Alderman Workman. Motion by Alderman Sarff, second by Alderman May, to return the furnace from firehouse #2 to Alderman Lester Workman. Roll call. AYES - Aldermen Chapman, May, Bohler, Sarff, Steck, Zilly, Kovachevich. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Motion by Alderman Sarff, second by Alderman Zilly, the approval of a$600 fee for David Leezer to attend the Illinois Basic Economic Development Course from October 26-31 at Champaign. Roll call. AYES - Aldermen Chapman, May, Borler, Sarff, Steck, Zilly, Kovachevich. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. OLD BUSINESS: None. NEW BUSINESS: RESOLU~IaN - AUTHORIZING AND ESTABLISHING THE CANTON BICENTENNIAL CONSTITUTION COMMISSION. First reading, read by title. Motion by Alderman Kovachevich, second by Alderman Chapman, the resolution be adopted. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May, Chapman. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. Resolution being #1180. 89 CONTINUED Uctobe~ 7, 1986 Motion by Alderman Zilly, second by Alderman May, the appointment of Nancy Elson as chairman of a Bicentennial Committee be confirmed. Voice vote, motion carried. RESOLUTION - APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND HEALTH CARE AND RETIREMENT CORPORATION. First reading, read by title. Mayor Edwards said the resolution has to do with construction of the water and sewer lines from an area just north of the armory and a 25 foot easement for water & sewer crossing over the Pschirrer property, and an agreement concerning the use of the lines. City Attorney Jim Malmgren said the line would be enlarged from a 6 inch to an 8 inch as recommended previously by the city engineer. The city would own the water line from the west right-of-way line of N. Main Street, all the way over to 5th'%~` Avenue. This is necessary as the State EPA won't give the O required permit to Health Care but will give it to the city. ~ Motion by Alderman Zilly, second by Alderman Kovachevich, the ~ resolution be adopted. Discussion. Alderman Steck wanted to = know if it would create more problems for the north end? Cliff ~ Sagaser City Engineer answered it would be wrong for me to say a it won't create any problems, it is adding to the system, but by itself, no harm at all. There are other conditions causing the problem which have to be responded to. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May, Chapman. NAYS - None. 7 AYES 0 NAYS 1 ABSENT. Resolution being #1181. Council recessed at 8:07 p.m. Council reconvened at 8:13 p.m. City Attorney Jim Malmgren informed the council he was instructed by the Mechanical Committee to draft a list of properties in the city which appear to present potential health and public safety hazards, and to present the list to the City Council. Chief of Police Robert Molleck, City Health Officer Sherwood Gilpin and myself toured the city. We've had very little cooperation from the people involved from Tracts 1 and 111 of Appendix A. Tract 1 is a house located at 402 N. Avenue A.; Tract 11 are four houses located in the 300 block of S. Avenue A.; and Tract 111 is a house located at 920 E. Chestnut Street. My strong recommendation to you, consider taking legal action against these properties and against the owners or residents. You'll have to get them in circuit court and obtain a court order getting them to stop what ever their doing. Tract 11 involves four houses and was added to the list for court action. Appendix B has 9 properties, all of which I'm recommending you consider for condemnation. You can't do all 9 at once, do one or two at a time. Those houses are Tract 1 located at 35 N. 4th Avenue; Tract 11 located at 47 N. 8th Avenue; Tract 111 located at 123 E. Olive Street; Tract 1V located at 261 Fulton Place; Tract V located at 714 N. Avenue B.; Tract Vl located at 717 Keeling Court; Tract V11 located at 444 S. 7th Avenue; Tract V111 is the John Dean School located on the Southeast corner of N. Avenue B and West Vine Street; Tract 1X a mobile home located at the Southeast corner of W. Olive Street and N. Avenue E. 90 CONTINUED October 7, 1986 Jim said his guess for expenses of court action would be between $800 and $1,200. Mayor Edwards recommended we start with Appendix A Tract 1, 11 and 111. On Appendix B start out with Tract 1, 11 and 1X. Motion by Alderman Sarff, second by Alderman Chapman, proceedings be institu;ted against the property owners for Appendix A Tract l, 11 and 111; Appendix B Tract 1, 11 and 1X. Roll call. AYES - Aldermen Kovachevich, Zilly, Steck, Sarff, Bohler, May, Chapman. NAYS - None. Motion carried. 7 AYES 0 NAYS 1 ABSENT. ADJOURNMENT: Motion by Alderman Sarff, second by Alderman May, to adjourn. Voice vote, motion carried. Council adjourned at 9:00 p.m. ~ ITY CLERK APPROVED. MAYOR